Allahabad High Court
BHRIGUNATH YADAVversusSHRI RAVINDRA KUMAR AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court observed a prima facie case of contempt but stayed the proceedings, granting the opposite party three months to comply and disposing the contempt application for the time being.
Summary
The applicant filed a contempt application under Section 12 of the Contempt of Courts Act, alleging that the opposite party willfully disobeyed the High Court's judgment dated 25‑11‑2025, as modified on 11‑02‑2026 in PIL No. 2971 of 2025. The order was served on the opposite party on 20‑02‑2026, but the court found that the party had not complied. While the court recognized a prima facie case of contempt, it declined to issue a notice and instead granted the opposite party three months to comply with the original order. The court directed the applicant to provide stamped envelopes for service of the order and required the opposite party to confirm compliance within a week of receipt. If the opposite party fails to comply, the applicant may approach the court again. The contempt application was therefore disposed of at this stage pending compliance.
Issues considered
- Whether the alleged non‑compliance of the High Court's order amounts to contempt under Section 12 of the Contempt of Courts Act.
- Whether a notice to the opposite party is required before proceeding with contempt proceedings.
- Whether the court can stay contempt proceedings and grant a further period for compliance.
Legislation cited
- Contempt of Courts Act, 1971 — s. 12
Subjects
- contempt
- civil contempt
- willful disobedience
- High Court of Allahabad
- Section 12
- PIL
- compliance
- notice
- procedural directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 3056 of 2026
Bhrigunath Yadav
.....Applicant(s)
Versus
Shri Ravindra Kumar And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Yadav, Sanju Soni
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard learned counsel for the applicant.
2. The present contempt application has been filed under Section 12 of the
Contempt of Courts Act for punishing the Opposite Party for willful
disobedience of the judgment and order dated 25.11.2025, modified by
order dated 11.02.2026 passed by this Court in Public Interest Litigation
(PIL) No. 2971 of 2025.
3. It is contended that applicant had approached writ Court through
aforesaid writ petition, which was disposed of vide order dated
25.11.2025. Copy of the order of writ Court was served upon opposite
party on 20.02.2026 personally, but according to the applicant, the said
order has not been complied with by the opposite party till date.
4. Prima facie, a case has been made out for punishing the opposite party
for willful disobedience of the judgment and order passed in the aforesaid
writ petition.
5. However, no notice is issued to the opposite party at this stage. The
opposite party is granted three months' further time to comply with the
order dated 25.11.2025, modified by order dated 11.02.2026 passed by
this Court in Public Interest Litigation (PIL) No. 2971 of 2025 from the
date of production of a certified copy of this order.
6. The applicant shall supply a duly stamped registered envelope
addressed to the opposite party and another self-addressed envelope to the
office within two weeks from today. The office shall send a copy of this
order along with the self-addressed envelope of the applicant with a copy
CAPL No. 3056 of 2026
2
of contempt application to the opposite party within one week thereafter
and keep a record thereof.
7. The opposite party shall comply with the directions of the writ court
and intimate the applicant the order through the self-addressed envelop
within a week thereafter.
8. In case, the opposite party does not comply with the order, it would be
open to the applicant to approach this court again.
9. With the aforesaid observations, this application is finally disposed of
at this stage.
(Rohit Ranjan Agarwal,J.)
May 7, 2026
(V. S. SINGH)
Digitally signed by :-
VIDYA SAGAR SINGH
High Court of Judicature at Allahabad
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